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(영문) 부산지방법원 2015.07.15 2014고단7551
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On August 12, 2014, around 05:31, 2014, at the main point of “D” in the operation of the victim C in Busan Dongdong-gu, Busan, the Defendant: (a) was committed as if the victim would normally pay the price to the victim even if he did not possess any particular means of payment, such as cash and credit cards that could be settled; (b) and (c) obtained a beer, etc. in total amount of KRW 12,00,000 from the victim’s seat, and acquired it by deception.

2. When the Defendant failed to pay the drinking value at the date, time, and place as mentioned in Paragraph 1, and requested the F police officer belonging to the Busan East Police Station E-district of the Busan Police Station to pay the drinking value and return home, the Defendant assaulted the Defendant’s left side her on one occasion on one occasion by her hand, stating that “I Chewing, Chewing, I would like to believe that the police officer of the Republic of Korea would not be able to do so,” and assaulted the F at one time.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement concerning C and F;

1. Details of refusal of approval, and damage photographs;

1. Application of Acts and subordinate statutes to each investigation report (report on the details of refusal of approval, reporting on the failure to pay to the State, reporting on hearing statements made by victims C);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 347 (1) and 136 (1) of the Criminal Act which choose a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including cases where the amount of punishment is small, and there is no criminal record subject to punishment exceeding the suspended sentence);

1. Sentencing criteria;

(a) Fraud (determination of types), general fraud, Type 1 (less than KRW 100 million), and no basic area [the scope of a recommendation sentence] (the scope of a recommendation sentence] 6 months to one year and six months;

B. Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties), Category 1 (Compulsory Performance of Official Duties).

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